Sheppard Mullin's Nota Bene

In today’s episode, we’re joined by Erika Trujillo, Managing Director of SEIA GmbH. We discuss the impact of evolving U.S. export control regulations on global supply chains, particularly in Europe.   Our conversation explores the European response to aggressive U.S. extraterritorial regulation, how rules in the EU and the United States are diverging, and how multinational companies can best manage the strategic realignment with regard to China.   Key Issues Discussed in This Episode * What are you seeing with U.S. and European sanctions export control rules? Is there a convergence or divergence? * Regarding China, with the strategic realignment between the United States and China, what is the response you are seeing in the EU? * If a significant divergence forces global multinationals to choose between the United States and China, how might that play out in practical terms? * How are these geopolitical changes changing the practical compliance choices global companies have to make in the real world? * For CFOs and chief legal officers leveraging external and internal compliance teams, what’s the big takeaway?   About Erika Trujillo  Erika Trujillo [https://www.linkedin.com/in/erikatrujillo-/?originalSubdomain=de] is the founder and Managing Director of SEIA, a global trade compliance data firm that leverages cutting-edge data analytics to manage risk. Before founding SEIA, Erika held a senior role at a Big Four consulting and law firm, where she advised clients on Foreign Trade Law, focusing on multi-jurisdictional export controls and sanctions.   Erika also served as the EMEA Trade Controls leader for a global automotive supplier and worked as an international trade specialist at the U.S. Department of Commerce. Throughout her career, she has led initiatives in digitizing trade compliance.   About Scott Maberry J. Scott Maberry [https://www.sheppardmullin.com/smaberry] is an international trade lawyer. He counsels clients on global risk, international trade, and regulation.  Scott’s practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), the Department of Commerce’s Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC) and the Committee on Foreign Investment in the U.S. (CFIUS). He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements. A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.   Contact Information  Erika Trujillo [https://www.linkedin.com/in/erikatrujillo-/?originalSubdomain=de] Scott Maberry [https://www.sheppardmullin.com/smaberry]   Additional Resources National Security Strategy [https://www.nationalesicherheitsstrategie.de/National-Security-Strategy-EN.pdf] Strategy on China [https://www.auswaertiges-amt.de/resource/blob/2608580/49d50fecc479304c3da2e2079c55e106/china-strategie-en-data.pdf] 2017 U.S. National Security Strategy  [https://trumpwhitehouse.archives.gov/wp-content/uploads/2017/12/NSS-Final-12-18-2017-0905.pdf] Thank you for listening! Don't forget to SUBSCRIBE to the show to receive two new episodes delivered straight to your podcast player every month. If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show on Apple Podcasts [https://podcasts.apple.com/us/podcast/sheppard-mullins-nota-bene/id1434557969], Amazon Music [https://music.amazon.com/podcasts/5cec73b1-7b61-4ef6-88d4-fad77d100764/sheppard-mullin's-nota-bene], or Spotify [https://open.spotify.com/show/2vWx91h5rnLLHzMdvRDUq3]. It helps other listeners find this show. This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

In today’s episode, we’re joined by Navroze Palekar, Vice President and Global Head of Legal and Compliance for Cyient, and Ann O’Brien, a partner at Sheppard Mullin and head of the firm’s Criminal Antitrust and Cartels Team. Our conversation explores the complexities of doing business in India, including issues related to antitrust law, artificial intelligence, and international trade.   What We Discussed in This Episode: * What challenges do global businesses in India face in terms of competition law, particularly labor and non-compete agreements? * How are technology and AI being treated as competition law issues in India? * How is this affecting the way businesses approach the development of AI tools? * What are the latest developments in India’s trade with Russia in light of U.S. and EU sanctions?    About Navroze Palekar  Navroze Palekar [https://theorg.com/org/cyient/org-chart/navroze-palekar] is Vice President and Global Head of Legal and Compliance at Cyient, an engineering, research and development services provider headquartered in Hyderabad, India. Navroze is responsible for management and oversight of all legal matters, including the company’s commercial contracts, intellectual property portfolio, dispute resolution, M&A, employment matters, and global compliance programs. He has over 16 years of experience, primarily as in-house counsel working across geographies in the IT/ITeS sector. He is a graduate of the Boston University School of Law, where he received a master’s degree in American Law (with a concentration in Intellectual Property) and an award for "Outstanding Achievement" for the Class of 2009.  Navroze frequently speaks at leading technology law forums and serves as a board member for the Pune Chapter of the Indian Lawyers Association. About Ann O’Brien Ann O’Brien [https://www.sheppardmullin.com/aobrien] is a partner in Sheppard Mullin’s Washington, D.C. office, where she serves as Co-Leader of the firm's Antitrust and Competition Practice Group and leads its Criminal Antitrust and Cartels Team. She focuses on advising clients facing criminal and civil government antitrust investigations or litigation. Ann has extensive knowledge of antitrust enforcement practices and policy decisions, gained from her time as a federal prosecutor and manager at the U.S. Department of Justice in the Antitrust Division and as a Special Assistant United States Attorney in the District of Maryland. During her 20-year tenure with the DOJ, Ann was involved in virtually every major criminal enforcement and policy decision made by the Antitrust Division and led every aspect of domestic and international antitrust and white-collar investigations and prosecutions, including litigating federal criminal jury trials. She now leverages her experience to provide valuable insider insight on antitrust agency priorities, goals, and policies to strategically guide companies and individuals facing international, domestic and multi-agency antitrust and competition exposure. She also provides clients with cutting-edge compliance counseling and training to help deter or quickly detect antitrust exposure, informed by what is most important to the DOJ, FTC, and the courts. An established thought leader in the antitrust community, Ann also regularly speaks and writes on a broad range of antitrust topics, including serving as co-editor of Competition Policy International’s Cartel column and editing the ABA’s Antitrust Cartel Leniency and Sentencing Handbook. She has also trained hundreds of antitrust prosecutors and law enforcement agents and served as a liaison to other DOJ components and government agencies.   About Scott Maberry An international trade partner in Governmental Practice, J. Scott Maberry [https://www.sheppardmullin.com/smaberry] counsels clients on global risk, international trade, and regulation. Scott’s practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), the Department of Commerce’s Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC) and the Committee on Foreign Investment in the U.S. (CFIUS). He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements. A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.   Contact Information Ann O’Brien [https://www.sheppardmullin.com/aobrien] Scott Maberry [https://www.sheppardmullin.com/smaberry] Navroze Palekar [https://theorg.com/org/cyient/org-chart/navroze-palekar]   Thank you for listening! Don't forget to SUBSCRIBE to the show to receive two new episodes delivered straight to your podcast player every month. If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show on Apple Podcasts [https://podcasts.apple.com/us/podcast/sheppard-mullins-nota-bene/id1434557969], Amazon Music [https://music.amazon.com/podcasts/5cec73b1-7b61-4ef6-88d4-fad77d100764/sheppard-mullin's-nota-bene], or Spotify [https://open.spotify.com/show/2vWx91h5rnLLHzMdvRDUq3]. It helps other listeners find this show. This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

In this episode, we are joined by the Honorable Jonathan Meyer, former General Counsel of the U.S. Department of Homeland Security and a partner at Sheppard Mullin. We discuss what the Trump administration’s national security team will look like, and what we can expect in the first 100 days.    What We Discussed in This Episode: * Who are the key personnel that President-Elect Trump has selected for national security? * Given the personnel, what policies do we expect in the national security realm? * What should we expect in the first 100 days of the Trump administration? * How will the recent fall of Syrian dictator Bashar al-Assad affect the Middle East and U.S. national security? * What avenues might the President-Elect pursue to end the war in Ukraine? * What could happen with NATO in a second Trump administration? * What are the most likely new Trump tariffs? * Should we expect additional restrictions on business with China? * How will artificial intelligence continue to transform national security?   About Jonathan Meyer As a partner in Sheppard Mullin’s Governmental Practice Group and leader of the firm’s National Security team, Jonathan E. Meyer [https://www.sheppardmullin.com/jmeyer] counsels clients on their interactions with federal and state government, as well as national and homeland security, Congressional oversight, cybersecurity, AI, high tech, and transportation security, among other issues.  Prior to returning to Sheppard Mullin, Jon was nominated by President Biden and confirmed by the Senate as the Sixth General Counsel of the U.S. Department of Homeland Security, serving from 2021 to 2024.  His decades of experience in Congress, the Justice Department and DHS position him to bring an insider’s perspective to interactions between private companies and the government.  He has defended scores of Congressional investigations and has prepared witnesses for over 100 hearings, including Supreme Court nomination hearings, impeachment hearings, oversight hearings, high tech and antitrust investigations, and civil rights investigations, among others. He has also represented defendants and witnesses in high-stakes Justice Department criminal investigations.  The media – including CBS News, NPR, The Wall Street Journal, The New York Times, The Washington Post and Politico – regularly turn to Jon for insight into issues regarding national security, homeland security, government investigations, cybersecurity, immigration, politics and Congress. He has twice been honored with the Secretary of Homeland Security’s Outstanding Service Medal, the highest civilian award bestowed by DHS. He has also received the U.S. Secret Service Director’s Honor Award, the Customs and Border Protection Commissioner’s Ensign Award, and the U.S. Coast Guard Commandant’s Distinguished Service Medal, among numerous other prestigious accolades recognizing his exceptional service.   About Scott Maberry An international trade partner in Governmental Practice, J. Scott Maberry [https://www.sheppardmullin.com/smaberry] counsels clients on global risk, international trade, and regulation. Scott’s practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), the Department of Commerce’s Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC) and the Committee on Foreign Investment in the U.S. (CFIUS). He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements. A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.   Contact Information Jonathan E. Meyer [https://www.sheppardmullin.com/jmeyer] Scott Maberry [https://www.sheppardmullin.com/smaberry]   Thank you for listening! Don't forget to SUBSCRIBE to the show to receive two new episodes delivered straight to your podcast player every month. If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show on Apple Podcasts [https://podcasts.apple.com/us/podcast/sheppard-mullins-nota-bene/id1434557969], Amazon Music [https://music.amazon.com/podcasts/5cec73b1-7b61-4ef6-88d4-fad77d100764/sheppard-mullin's-nota-bene], or Spotify [https://open.spotify.com/show/2vWx91h5rnLLHzMdvRDUq3]. It helps other listeners find this show. This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

In this episode, Ann O’Brien, a partner at Sheppard Mullin and head of the firm’s Criminal Antitrust and Cartels Team, joins us to discuss recent trends in international antitrust enforcement, including emerging cartel issues related to government procurement, artificial intelligence, and ESG.   What We Discussed in This Episode: * What is a cartel from the antitrust perspective? * How does the DOJ investigate cartels and what is the life cycle of a cartel investigation? * What cartel issues are emerging from government procurement programs, such as those related to the CHIPS Act and other government programs? * How can government contractors keep track of the fine line between cooperation and collusion? * What cartel issues are arising around artificial intelligence? * What cartel issues are emerging from the emphasis on environment, sustainability, and governance? * What are some significant developments in the areas of no-poach and non-compete agreements? * In the context of the volatile U.S. presidential election, where might antitrust enforcement be headed in the next four years?   About Ann O’Brien Ann O’Brien [https://www.sheppardmullin.com/aobrien] is a partner in Sheppard Mullin’s Washington, D.C. office, where she serves as Co-Leader of the firm's Antitrust and Competition Practice Group and leads its Criminal Antitrust and Cartels Team. She focuses on advising clients facing criminal and civil government antitrust investigations or litigation. Ann has extensive knowledge of antitrust enforcement practices and policy decisions, gained from her time as a federal prosecutor and manager at the U.S. Department of Justice in the Antitrust Division and as a Special Assistant United States Attorney in the District of Maryland. During her 20-year tenure with the DOJ, Ann was involved in virtually every major criminal enforcement and policy decision made by the Antitrust Division and led every aspect of domestic and international antitrust and white-collar investigations and prosecutions, including litigating federal criminal jury trials. She now leverages her experience to provide valuable insider insight on antitrust agency priorities, goals, and policies to strategically guide companies and individuals facing international, domestic and multi-agency antitrust and competition exposure. She also provides clients with cutting-edge compliance counseling and training to help deter or quickly detect antitrust exposure, informed by what is most important to the DOJ, FTC, and the courts.  An established thought leader in the antitrust community, Ann also regularly speaks and writes on a broad range of antitrust topics, including serving as co-editor of Competition Policy International’s Cartel column and editing the ABA’s Antitrust Cartel Leniency and Sentencing Handbook. She has also trained hundreds of antitrust prosecutors and law enforcement agents and served as a liaison to other DOJ components and government agencies.   About Scott Maberry An international trade partner in Governmental Practice, J. Scott Maberry [https://www.sheppardmullin.com/smaberry] counsels clients on global risk, international trade, and regulation. Scott’s practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), the Department of Commerce’s Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC) and the Committee on Foreign Investment in the U.S. (CFIUS). He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements. A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.   Contact Information Ann O’Brien [https://www.sheppardmullin.com/aobrien]  J. Scott Maberry [https://www.sheppardmullin.com/smaberry]   Thank you for listening! Don't forget to SUBSCRIBE to the show to receive two new episodes delivered straight to your podcast player every month. If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show on Apple Podcasts [https://podcasts.apple.com/us/podcast/sheppard-mullins-nota-bene/id1434557969], Amazon Music [https://music.amazon.com/podcasts/5cec73b1-7b61-4ef6-88d4-fad77d100764/sheppard-mullin's-nota-bene], or Spotify [https://open.spotify.com/show/6DDjJl3tv28uIDRlMqDsmn?si=7f7d74719c0348c8&nd=1&dlsi=e8566d7d83c944d7]. It helps other listeners find this show. This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

In this episode, Lisa Mays, an international trade attorney with Sheppard Mullin and leader of the firm’s Supply Chain Industry Team, joins host Scott Maberry to discuss the state of the global supply chain, including the impact of the war in Russia, and the intensifying trade war with China.   What We Discussed in This Episode: * Most trade lawyers are on the East coast. What benefits do you bring to your clients being in California?  * What roles do the different government agencies play in enforcement, and why is recent inter-agency enforcement cooperation so significant? * What is the compliance obligation regarding “diversion” of goods by suppliers, distributors, sales agents, and customers? * How are U.S. trade wars playing out in the global supply chain?  * What specific supply chain issues are created by the war in Ukraine? * What recent actions has the U.S. taken as the trade war with China intensifies? * How is international trade law impacting the way the solar industry operates? * Why has it become critical for companies to trace their supply chains for forced labor? * Will supply chain regulation continue to be a priority for the remainder of President Biden’s current term?   About Lisa Mays An international trade lawyer based in Sheppard Mullin’s Orange County office, Lisa Mays [https://www.sheppardmullin.com/lmays] leads the firm’s Supply Chain Industry Team and is a leading member of the Transportation Industry Team. Lisa’s practice focuses on compliance counseling and investigations in the areas of export controls, economic sanctions, anti-corruption, and customs and import regulations. She regularly advises semiconductor manufacturers, automakers, airlines, aerospace and defense firms, importers, and exporters on sanctions; export controls, including the International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR); trade agreements; the Foreign Corrupt Practices Act (FCPA); Customs and imports; antidumping and countervailing duties (AD/CVD); the False Claims Act; Committee on Foreign Investment in the United States (CFIUS); anti-boycott controls; cybersecurity issues; and anti-money laundering (AML) matters.  Lisa also represents clients before the U.S. Department of Treasury Office of Foreign Assets Control (OFAC), the Office of the U.S. Trade Representative (USTR), the Department of Commerce Bureau of Industry & Security (BIS), the Department of State Directorate of Defense Trade Controls (DDTC), the Department of Justice (DOJ), the International Trade Commission (ITC), U.S. Customs and Border Protection (CBP), and CFIUS.   About Scott Maberry An international trade partner in Governmental Practice, J. Scott Maberry [https://www.sheppardmullin.com/smaberry] counsels clients on global risk, international trade, and regulation. Scott’s practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), the Department of Commerce’s Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC) and the Committee on Foreign Investment in the U.S. (CFIUS). He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements. A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.   Contact Information Lisa Mays [https://www.sheppardmullin.com/lmays] Scott Maberry [https://www.sheppardmullin.com/smaberry] Thank you for listening! Don't forget to SUBSCRIBE to the show to receive two new episodes delivered straight to your podcast player every month. If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show on Apple Podcasts [https://podcasts.apple.com/us/podcast/sheppard-mullins-nota-bene/id1434557969], Amazon Music [https://music.amazon.com/podcasts/5cec73b1-7b61-4ef6-88d4-fad77d100764/sheppard-mullin's-nota-bene], or Spotify [https://open.spotify.com/show/6DDjJl3tv28uIDRlMqDsmn?si=7f7d74719c0348c8&nd=1&dlsi=e8566d7d83c944d7]. It helps other listeners find this show. This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.